Change of Venue in Texas: Grounds and Procedure

A Texas court may transfer a case to another county (change of venue) under specific statutory grounds (Civil Practice & Remedies Code Ch. 15):

Statutory Grounds

1. Prejudice of Judge or Jury (§15.002): Local prejudice prevents fair trial
2. Influence of Interested Persons (§15.003): Undue influence by powerful local figures
3. Convenience of Witnesses/Justice (§15.002(b)): Material witnesses in another county; transfer serves justice
4. Impartial Trial Impossible (§15.004): Pretrial publicity, community bias, etc.

Procedure

1. File written motion with specific grounds
2. Support with affidavits (own + 3+ credible county residents for prejudice claims)
3. Court may hold hearing
4. If granted, case transferred to designated county (often adjacent or where bias minimal)

Key Points

• Defendant's right in criminal cases (Art. 31.03 CCP); discretionary in civil
• Timing: Usually before trial; criminal—before jury selection
• Burden: Movant proves grounds by preponderance
• Appellate review: Abuse of discretion standard

Consult a Texas litigator—venue law is technical and fact-intensive.